Opinion
Page 372c
103 Cal.App.4th 372c ___Cal.Rptr.2d___ THE PEOPLE, Plaintiff and Respondent, v. WILLIAM DOMINGUEZ, Defendant and Appellant. B154266 California Court of Appeal, Second District, Sixth Division November 1, 2002[Modification of opinion (102 Cal.App.4th 880; 125 Cal.Rptr.2d 874).]
This modification requires editorial changes in headnote 4 on page 881 of the advance report. In the bound volume report, the following sentence will be added to the end of the headnote: "Errors in the applicability of § 654 are corrected on appeal regardless of whether the point was raised by objection in the trial court." This modification also requires the movement of text affecting pages 881-882 and 884-885 of the bound volume report.
OPINION
THE COURT.
It is ordered that the opinion filed herein on October 7, 2002, be modified as follows:
At the end of the first full paragraph on page 3 [102 Cal.App.4th 884, advance report, 1st par., line 5], after the heading " Section 654, " add the following:
"Errors in the applicability of section 654 are corrected on appeal regardless of whether the point was raised by objection in the trial court ...." (People v. Perez (1979) 23 Cal.3d 545, 550, fn. 3; People v. Scott (1994) 9 Cal.4th 331, 354, fn. 7; People v. Neal (1993) 19 Cal.App.4th 1114, 1120.)
The paragraph will then read: Appellant argues that the consecutive sentence on the assault with a firearm count violates section 654. "Section 654 does not preclude multiple convictions but only multiple punishments for a single act or indivisible court of conduct. [Citation.]" (People v. Miller (1977) 18 Cal.3d 873, 885 [135 Cal.Rptr.2d 654].) "Errors in the applicability of section 654 are corrected on appeal regardless of whether the point was raised by objection in the trial court ...." (People v. Perez (1979) 23 Cal.3d 545, 550, fn. 3 [153 Cal.Rptr. 40]; People v. Scott (1994) 9 Cal.4th 331, 354, fn. 7 [36 Cal.Rptr.2d 627]; People v. Neal (1993) 19 Cal.App.4th 1114, 1120 [24 Cal.Rptr.2d 129].)
There is no change in the judgment.